There are certain messages floating on
social and other media that the Supreme Court of India has passed directions to
pay ‘Military Service Pay’ with effect from January 2006 rather than from 2008
as was granted by the Government.
This is incorrect and there are no such
directions. People are probably confusing the recent judgment on Modified
Assured Career Progression Scheme (MACP) with the concept of Military Service
Pay (MSP). Even otherwise, de hors the absence of any such decision, no
parallel can be drawn between the two issues.
As explained in the post of 17th
December 2017, the Sixth Central Pay Commission had recommended the
implementation of the ‘Modified Assured Career Progression’ Scheme (MACP)
providing for the grant of three financial upgradations of pay at the gap of 8,
16 and 24 years of service in case of stagnation, for the defence services.
The Special Army Instructions (SAI) on the
subject had also been issued with effect from 01st January 2006 and
which contained therein the stipulation of MACP. However later, despite the
existence of the said SAI, another fresh letter was issued by the Government
stating that MACP will be prospectively implemented from 01st
September 2008.
Hence ultimately, unlike other pay related
modalities which were implemented with effect from 01st January
2006, MACP was implemented with effect from 01st September 2008,
thereby not including in its scope the personnel who were released from service
between the two dates. The Chandigarh Bench of the Armed Forces Tribunal (AFT),
however, ruled that the pay commission had granted all pay and pension related
benefits from January 2006 and the prospective implementation was only
effectuated for ‘allowances’ and hence MACP was also to be implemented from
January 2006 since it pertained to upgradation of pay. While ordering so, the
AFT had followed the decision of the Punjab & Haryana High Court which had
earlier ruled upon the implementation of improved pay-scales of defence personnel
from 1996 rather than 1997 in an anomaly emanating out of the Fifth Pay
Commission. The decision of the AFT was challenged by the Government in the
Supreme Court but the Apex Court dismissed the appeal filed by the Union of
India thereby upholding the grant of MACP from 01 January 2006 rather than 01st
September 2008.
The aspect to be noted however in the
above is that in case of MSP, the pay commission had itself noted that it shall
be applied prospectively without any arrears (Para 2.3.12 of the 6th Central
Pay Commission Report). Further, when the SAI 1/S/2008 was issued, while it
applied benefits of all modalities from 2006 (including MACP), it had
specifically stated in Paragraph 5 (d) that arrears of MSP shall only be paid
with effect from 01st September 2008. There was no such negative
stipulation for MACP. Further MACP was a replacement for the earlier ACP while
MSP was completely a new element.
Hence, as the above would show, while the
MACP was applied from 2006 but later tacitly retrospectively withdrawn and made
applicable from 2008, an action was at the heart of the debate in Courts, there
was no such controversy with regard to MSP which was always meant to be paid
prospectively from September 2008.
Though, at the surface, both issues might
appear to be similar to the untrained eye, there is actually absolutely no parallel
between the concepts of MACP and MSP, and hence it is in the interest of sanity
to ignore messages being circulated that MSP arrears will be paid to all
personnel with effect from 01 January 2006. One should avoid forwarding such
messages since it may promote unnecessary litigation and propel false hopes.
